Washington Injury Law Blog

A Spokane attorney is alleging a jury that returned a malpractice verdict against his client was racially biased according to reports in the Spokesman-Review.  Two jurors came forward to report that 5 other jurors during deliberations referred to plaintiff’s attorney Mark D. Kamitomo by several improper names such as “Mr. Kamikaze,” “Mr. Miyashi” and “Mr. Miyagi.” Mr. Kamitomo has requested a new trial for his client based on the jury’s racial bias. The trial judge is scheduled to decide if a new trial is needed on January 25th.

As a Kirkland, Washington car accident attorney I firmly believe everyone should go to jury duty when called. My wife is often amused by my passion and futile efforts to get on a jury. I’ve been called for jury duty a few times but haven’t been lucky enough to be selected to serve as a juror. Attorneys generally believe that because I’m a trial lawyer that I’m biased against one of the parties or I’d have too much influence of the jury. All potentially valid points but still disappointing.

I’d love to know more about what happens when a jury is deciding the case behind closed doors. What are the dynamics, what types of people end up as discussion leaders, who are the quiet listeners, how is the evidence reviewed, did the attorneys effect the jurors in anyway, and so many other questions I have. But alas, I’ve come to grips with the fact that I will likely not be on a jury in my working life.

Friends of mine often ask me how can they get out of jury duty. My response is usually something like “it is your civic duty as an American and our justice system depends on you going to jury duty.” Needless to say they usually roll their eyes at me, but I explain that as a Washington trial lawyer my clients depend on the jury system to help them. When insurance companies or big corporations abuse the little guy its the jury that equalizes the system for all. That’s why its so concerning for me to hear of any kind of racial bias or discrimination used by jurors. 

The American justice system in my opinion is the best in the world. That’s not to say its perfect because it certainly is not. But we do our best to correct mistakes and improve as we go. That is why it is so important you do your part and go to jury duty when called. My clients need you, I need you, and our justice sytems needs you. Please help us.

If called to jury duty please go, keep an open mind, and help maintain one of the foundations of this great country the American justice system.